The Articles of Confederation and the Constitution

ARTICLES OF CONFEDERATION

GOAL:

TO UNDERSTAND THE REASONS FOR THE ORIGINAL CONFEDERATION

OF STATES AND TO EXAMINE ITS STRENGTHS AND WEAKNESSES

BEFORE THERE WAS A NATIONAL GOVERNMENT

1775 ON THE EVE OF THE REVOLUTION

• 13 SEPARATE ENGLISH COLONIES

• 13 SEPARATE GOVERNORS

• CONCERNED ONLY WITH THEIR COLONY

• SOME OWED THEIR JOBS TO THE KING

HOWEVER

TO STAND UP TO ENGLAND

HAD TO WORK

TOGETHER

EARLY ATTEMPT TO UNITE

➢ COLONIES SELECTED REPRESENTATIVES

➢ MET TOGETHER IN PHILADELPHIA

➢ SECOND CONTINENTAL CONGRESS

➢ SPEAK FOR THEIR COLONY

➢ CREATE A NATIONAL GOVERNMENT

“UNITED WE STAND, DIVIDED WE FALL”

Silas Deane

SECOND CONTINENTAL CONGRESS

EARLY ACCOMPLISHMENTS

❑SET UP AN ARMY TO FIGHT

❑DECLARATION OF INDEPENDENCE

❑WROTE RULES FOR A NEW GOVERNMENT

(ARTICLES OF CONFEDERATION)

WHY A “CONFEDERATION”?

CONFEDERATION

➢GROUP OF STATES OR NATIONS THAT BAND TOGETHER FOR A PURPOSE

➢EACH MEMBER REMAINS INDEPENDENT

IN SHORT, THE COLONIES DID NOT WANT TO TRADE ONE KING

FOR ANOTHER!

LET’S CHECK TO SEE IF YOU’VE BEEN LISTENING

1. WHAT WERE THE GUIDELINES FOR THE NEW COUNTRY CALLED?

ANSWER: THE ARTICLES OF CONFEDERATION

2. WHO SET UP THE GUIDELINES FOR THE NATIONAL GOVERNMENT?

ANSWER: THE SECOND CONTINENTAL CONGRESS

WHAT THE CONGRESS COULD DO

ARTICLES OF CONFEDERATION SET UP A CENTRAL GOVERNMENT

▪ CONGRESS(A GROUP OF PEOPLE WHO REPRESENT OTHER PEOPLE)

ARTICLES GAVE THE CONGRESS SOME POWERS, BUT NOT TOO MUCH ------THE COLONIES LIKED THEIR INDEPENDENCE!

CONGRESS COULD

o DEAL WITH OTHER NATIONS

o DECLARE WAR

o MAKE LAWS

o PRINT MONEY

o SETTLE ARGUMENTS BETWEEN STATES

WHAT THE CONGRESS COULD NOT DO

❖ NO CONTROL OVER TRADE BETWEEN THE STATES

❖ NO AUTHORITY TO COLLECT TAXES

THESE WERE TWO SORE POINTS WITH THE COLONIES.

THE KING HAD CONTROLLED ALL TRADE AMONG THE COLONIES

REMEMBER ALL THE ACTS? ALL THE TAXES TO PAY FOR THE FRENCH AND INDIAN WAR

❑ THAT STARTED THE MOVEMENT TOWARDS INDEPEPNDENCE

❑ DIDN’T WANT TO PAY TAXES AGAIN: FIGURED IT WOULD GET OUT OF CONTROL

LEARNING CHECKPOINT#2

SO, WHAT DO YOU REMEMBER?

WHICH POWERS DID CONGRESS NOT HAVE UNDER THE ARTICLES OF CONFEDERATION?

POWER TO COLLECT TAXES POWER TO CONTROL TRADE BETWEEN STATES

WHY DID THE COLONISTS DECIDE NOT TO GIVE CONGRESS THESE POWERS?

BECAUSE OF THEIR EXPERIENCES WITH THE KING

REVIEW CHART

CONGRESS COULD. . . CONGRESS COULD NOT . . .

❑ MAKE AGREEMENTS WITH OTHER NATIONS

❑ DECLARE WAR

❑ MAKE LAWS

❑ PRINT MONEY

❑ SETTLE DISAGREEMENTS BETWEEN STATES

➢ CONTROL TRADE BETWEEN STATES

➢ COLLECT TAXES

A RECAP OF THE STATES’S RIGHTS UNDER THE ARTICLES OF CONFEDERATION

➢ RETAIN SOVEREIGNTY (CONTROL OVER OWN MATTERS)

➢ KEEP THEIR FREEDOM

➢ KEEP THEIR INDEPENDENCE

➢ KEEP EVERY POWER, JURISDICTION, AND RIGHT NOT EXPRESSLY GIVEN TO THE CONGRESS

➢ JOIN INTO A LEAGUE OF FRIENDSHIP WITH OTHER STATES

➢ COMMON DEFENSE

➢ SECURITY THEIR LIBERTIES

➢ ASSIST EACH OTHER IF ATTACKED, FOR ANY REASON

➢ FREE CITIZENS OF ONE STATE ARE WELCOME IN EVERY OTHER STATE

➢ PROMISE TO DELIVER CIMINALS BACK TO THE STATE WHERE THE OFFENSE WAS COMMITTED

➢ PROMISE TO ABIDE BY JUDICIAL RULINGS OF EVERY OTHER STATE

➢ STATES CAN HAVE THEIR OWN MILITIA

➢ SET THEIR OWN TAXES

SET UP OF THE FEDERAL GOVERNMENT

❑ EACH STATE APPOINTS DELEGATES ANNUALLY

❑ 2-7 MEMBERS FOR EACH STATE

❑ NO MORE THAN THREE YEARS OUT OF EVERY SIX YEARS

❑ NO SALARY FOR DELEGATES

❑ EACH STATE HAS ONE VOTE

❑ DELEGATES ARE IMMUNE FROM ARREST WHILE IN SESSION: GOING TO OR FROM CONGRESS

EXCEPT

❑ TREASON

❑ FELONY

❑ BREACH OF PEACE

❑ STATES CAN’T DEAL WITH OTHER COUNTRIES

❑ STATES CAN’T MAKE DEALS WITH EACH OTHER WITHOUT CONSENT OF CONGRESS

❑ STATES CAN’T HAVE THEIR OWN NAVY

❑ STATES CAN’T DECLARE WAR BUT CAN RESPOND IF ATTACKED

❑ ALL STATES PROVIDE FUNDS TO DEFRAY COSTS, BASED ON LAND VALUES

BIG ISSUE: MONEY

CONGRESS CAN SET THE VALUE OF COIN

BUT THE STATES CAN ALSO COIN MONEY!

CONGRESS HAS TO GET MONEY FROM THE STATES

▪ TO RAISE A NAVY

▪ RAISE AND EQUIP AN ARMY

CONGRESS CAN’T DO THESE THINGS UNLESS NINE OF THIRTEEN STATES AGREE:

▪ ENGAGE IN WAR

▪ ENTER INTO A TREATY

▪ COIN MONEY

▪ BORROW MONEY

▪ APPROPRIATE (SET ASIDE) FUNDS

▪ NAVY

▪ ARMY

▪ APPOINT COMMANDER-IN-CHIEF

PROBLEMS WITH THE CENTRAL GOVERNMENT

TOO MANY WEAKNESSES TO PROVIDE AN EFECTIVE GOVERNMENT

❑ THERE WAS NO REAL HEAD OF THE GOVERNMENT!

❑ 13 COLONIES RAN IT TOGETHER

❑ NO SYSTEM OF COURTS AND JUDGES

❑ STATES SET UP THEIR OWN AND APPOINTED THEIR OWN JUDGES

❑ MORE POWER WAS GIVEN TO THE STATES THAN THE NATIONAL GOVERNMENT

❑ THE NATIONAL (FEDERAL) GOVERNMENT COULD NOT ENFORCE THE LAWS IT PASSED

STATES LIKED THE SECURITY OF OTHER STATES TO HELP THEM

BUT ALSO LIKED THEIR INDEPENDENCE

***DOOMED TO FAIL FROM THE START!!!***

LEARNING CHECK #31. THE ARTICLES OF CONFEDERATION ESTABLISHED A STRONG, STABLE GOVERNMENT?

FALSE

2. THE ARTICLES OF CONFEDERATION ESTABLISHED THE POSITION OF PRESIDENT

FALSE

3. THE ARTICLES OF CONFEDERATION GAVE MORE POWER TO THE STATES THAN THE FEDERAL GOVERNMENT

TRUE

4. THE FEDERAL GOVERNMENT COULD NOT MAKE LAWS, BUT THEY COULD ENFORCE THEM.

FALSE

5. UNDER THE ARTICLES OF CONFEDERATION, EACH STATE SET UP ITS OWN COURTS

AND APPOINTED ITS OWN JUDGES TRUE

ONCE WRITTEN HAD TO RATIFY

CONGRESS PASSED THE ARTICLES OF CONFEDERATION IN 1777

▪ BY JULY 1778 EIGHT STATES HAD RATIFIED

▪ NEEDED ONE MORE!

▪ BUT THERE IS A PROBLEM!

REMEMBER THAT PESKY PROCLAMATION OF 1763 THE KING SIGNED: ALL LANDS WEST

OF THE APPALACHIANS BELONGED TO THE INDIANS……. REMEMBER THAT?

❖ MANY STATES HAD CLAIMED LANDS WEST EXCEPT

❖ NEW JERSEY

❖ RHODE ISLAND

❖ PENNSYLVANIA

❖ MARYLAND

❖ DELAWARE

❖ SOME OF THESE REFUSED TO SIGN (RATIFY) THE ARTICLES

THE PROBLEM VISUALIZED

AREAS

CLAIMED BY

STATES

OUTSIDE

THEIR

ORIGINAL

BOUNDARIES:

“LANDLESS

STATES”

ORIGINAL 13

COLONIES

WERE CALLED

“LANDED”

STATES

THE PROBLEM EXPLAINED

ALL A MATTER OF MONEY (ONCE AGAIN!)

➢ STATES WITHOUT LANDS WANTED THEM PLACED UNDER THE NATIONAL

GOVERNMENT

➢ FINANCIAL DISADVANTAGE TO THE STATES WITHOUT LAND

➢ LEFT WITH HUGE DEBT FROM WAR THEY COULDN’T PAY

➢ STATES WITH LANDS IN THE WEST

➢ SELL TO PAY OFF DEBT INCURRED FROM THE REVOLUTION

➢ BETWEEN 1778-1781

➢ ALL LANDS GIVEN TO THE NATIONAL GOVERNMENT

➢ SMALL STATES AGREED

➢ MARYLAND #13 TO SIGN

THERE WAS NOW A NATIONAL GOVERNMENT AND THE ARTICLES WENT INTO EFFECT

FINAL ISSUE THAT SPELLED DOOM

IF YOU WANT TO CHANGE ANYTHING

IN THE ARTICLES OF CONFEDERATION

ALL THIRTEEN STATE LEGISLATURES

(NOT DELEGATES) HAVE TO AGREE TO IT!!

ARTICLES SIGNED IN 1777, FINALLY RATIFIED IN 1781, GONE BY 1787

MEANWHILE: AN IDLE ARMY

LAST BATTLE OF THE REVOLUTION TAKES PLACE IN NEW JERSEY!

27 DECEMBER 1782 (SOUNDS LIKE A GOOD DAY TO HAVE A LAST BATTLE).

CEDAR BRIDGE, NJ (PRESENTLY WITHIN THE TOWNSHIP OF BARNEGAT RTE 72 AND WARREN

GROVE RD). (The Tavern where this took place was renovated in June 2018)

A “CIVIL WAR” BETWEEN LOYALISTS AND PATRIOTS IN NJ

PINELANDS OF OCEAN COUNTY

37.08 MILES NORTHEAST FROM OUR CLASSROOM.

LOYALISTS/ PINELANDS BANDITS AGAINST LOCAL MILITIA

CAPTAIN JOHN BACON (LOYALISTS) ROAMEDTHE PINELANDS (MANAHAWKIN)

PINELANDS BANDIT

SEVERAL TOWNSPEOPLE THAT HELPED BACON ESCAPE WERE HUNG.

KILLED A FEW MONTHS LATER AND BODY DESECRATED

CAPTAIN RICHARD SHREVE (Burlington City) AND CAPTAIN EDWARD THOMAS (Mansfield)

AND THAT DOES IT FOR THE REVOLUTIONARY WAR

NEWBURGH CONSPIRACY

ARMY SITS IN NEWBURGH, NEW YORK

LETTER FROM WASHINGTON TO HAMILTON HIGHLIGHTS THE PROBLEM (12 MARCH 1783)

“THE ARRIVAL OF A CERTAIN GENTLEMAN… FROM PHILADELPHIA”

❑ COL WALTER STEWART

❑ BROUGHT WITH HIM A STORM

❑ TOLD HIS FRIENDS THAT CONGRESS WAS GOING TO DISSOLVE THE ARMY

❑ STIRRED THE POT: DEMAND CONGRESS FULFILL ITS PROMISES TO THE ARMY.

❑ MAJOR JOHN ARMSTRONG WROTE AN ADDRESS TO THE OFFICERS IN CAMP

❑ BE SUSPICIOUS OF THOSE WHO ADVISE “MODERATION AND LONGER FORBEARANCE”

❑ ATTACKED CONGRESS FOR NOT FULFILLING ITS OBLIGATIONS

❑ CALLED FOR A MEETING ON MARCH 11TH.

❑ EITHER CONGRESS ACT OR THE ARMY WOULD BE JUSTIFIED IN DEFYING THEM. (MUTINY).

❑ *****HE WAS GENERAL GATES’S AIDE*****

❑ WASHINGTON FOUND OUT ABOUT ALL THIS ON 10 MARCH.

THE CONSPIRACY

PLAN BY THE CONTINENTAL ARMY OFFICERS

❑ CHALLENGE THE AUTHORITY OF THE CONFEDERATION CONGRESS

❑ FRUSTRATED OVER LACK OF PAY

❑ 1783 UNREST TO THE POINT OF MUTINY

❑ GEN GATES

❑ SECOND IN COMMAND UNDER WASHINGTON

❑ POWER HUNGRY

❑ HISTORIANS THINK HE WAS BEHIND THE WHOLE THING AS A COUP D’ETAT

❑ PROBLEM WAS INABILITY TO RAISE MONEY TO PAY THE ARMY OR PROVIDE FOR IT

❑ TRIED TO AMEND THE ARTICLES BUT IT FAILED BECAUSE OF RHODE ISLAND

❑ BRITISH THREAT GONE; NOW ARMY THINKS THEY WILL NEVER GET PAID. TWO

OPTIONS:

❑ THREATEN TO DISBAND OR,

❑ REFUSE TO DISBAND (MILITARY TAKEOVER)

NOW WHAT TO DO?

WASHINGTON HAD TO STOP THIS BEFORE THEY DID SOMETHING REALLY STUPID THAT THEY WOULD

NOT BE ABLE TO RECOVER FROM EASILY

➢ DENOUNCED “SUCH DISORDERLY PROCEEDINGS”

➢ REQUESTED THAT ALL GENERAL OFFICERS AND FIELD OFFICERS ASSEMBLE ON MARCH 15TH

➢ TRY TO COME TO A RATIONAL SOLUTION

➢ CALM THE STORM

➢ CLEAR HEADS OF EMOTION

➢ HE FEARED THAT IF ACCOUNTS WERE NOT SETTLED PROPERLY, THERE WOULD BE A MARCH ON

PHILADELPHIA.

➢ MAJOR ARMSTRONG WROTE A SECOND ADDRESS TO THE OFFICERS, ARGUING THAT

WASHINGTON “SANCTIFIED” (AGREED WITH) THE CLAIMS OF THE OFFICERS.

WASHINGTON’S FINAL PLEA

"Gentleman, you must pardon me, for I have not only

grown gray but almost blind in service to my country.“

----WITH THESE WORDS, WASHNGTON SCORED HIS

GREATEST VICTORY AND SAVED THE COUNTRY

15 MARCH ARRIVES

o OFFICERS DON’T THINK WASHINGTON WILL BE PRESENT

o GATES OPENS THE PROCEEDINGS

o WASHINGTON COMES INTO THE ROOM UNEXPECTEDLY

o ASKS TO ADDRESS THE MEETING

o ASKED THEM TO TRUST THE CONGRESS TO DO THE RIGHT THING

o BEGS THEM TO BE PATIENT

o HE IS NOT CONVINCING ANYONE

o THEN, PULLS OUT A LETTER FROM JOSEPH JONES, CONGRESSMAN FROM VIRGINIA

o CAN’T READ IT, SIGHT IS FAILING, SO HE PULLS OUT HIS GLASSES

o NO ONE KNEW HE NEEDED THEM

RESULT

HIS DEMONSTRATION OF PHYSICAL VULNERABILITY WAS TOO MUCH

❑ MEN WEPT OPENLY

❑ MEETING WAS OVER

❑ CRISIS AVERTED

WASHINGTON’S GREATEST VICTORY RELIED NOT ON BULLETS OR BAYONETS, BUT HIS

WORDS

❑ BOND BETWEEN HIS OFFICERS AND HIM WAS UNBREAKABLE

❑ THE REVOLUTIONARY WAR ENDS WITH HARMONY NOT MAYHEM

GENERAL WASHINGTON GOES HOME TO MOUNT VERNON

When told by the American artist Benjamin West that Washington was going to resign, King George III

of England said "If he does that, he will be the greatest man in the world."

Just for your information on the topic: next four slides (background)According to historian Mark M. Boatner III, Stewart was the real mover behind the

Newburgh Conspiracy.

• He warned his fellow officers that Congress planned to disband the army so that

it would not have to meet their demands.

• He urged the other officers to stand together and force Congress to pay them

immediately.

• He sensed that Washington did not agree with his approach, so he turned to the

sympathetic Horatio Gates, his former superior.

• Matters came to a head on 10 March 1783 with the publication of the first

Newburgh Address.

• John Armstrong, Jr., Gates’ aide de camp was credited with writing the

address.

• One historian believed the address may have been authored by Gouvernor

Morris .

It read partly as follows,

“…If this be your treatment while the swords you wear are necessary for the

defense of America, what have you to expect from peace, when your voice shall

sink and your strength dissipate by division; when those very swords, the

instruments and companions of your glory, shall be taken from your sides, and

no remaining mark of military distinction be left but your wants, infirmities

and scars? Can you, then, consent to be the only sufferers by this revolution,

and, retiring from the field, grow old in poverty, wretchedness and contempt?

Can you consent to wade through the vile mire of despondency, and owe the

miserable remnant of that life to charity, which has hitherto been spent in

honor?”

• Gates approved the address in advance.

• Alexander Hamilton also urged the army to take action against Congress.

A second address appeared on the 12th that tried to get Washington to join the

conspiracy.

• Washington moved quickly to quell the impending mutiny by calling an officers’

meeting on 15 March.

• He also notified Congress that it needed to act soon on the army’s grievances.

• At the officers’ meeting Washington appealed to his audience not to carry out,

“any measures which, viewed in the calm light of reason, will lessen the

dignity and sully the glory you have hitherto maintained.”

• At the end of his speech he took out a letter to read.

• Unable to read it, he took out his spectacles and said, “Gentlemen, you must

pardon me. I have grown gray in your service and now find myself growing

blind”.

• Some of his officers were reduced to tears.

• In a unanimous vote, the officers expressed confidence in Congress and

repudiated the Newburgh Addresses.

• 22 March Congress voted to adopt the compensation plan which the officers then

accepted.

• Armstrong tried to revive the plot in April but gave it up when someone revealed

the plan to Washington.

• He later complained that a “timid wretch discovered it to the only man from

whom he was to have kept it”.

• Historian Robert K. Wright, Jr. noted that the wretch whom Armstrong

referred to was either Stewart or Brooks.

• Armstrong went on, “to be more explicit he betrayed it to the Commander in

Chief – who, agreeably according to the original plan, was not to have been

consulted till some later period”.

• Gates quietly dropped out of the conspiracy.

PRIMARY SOURCE RECAP OF THE CONSPIRACY FOR YOUR INFORMATION

AFTER THE TREATY OF PARIS IN 1783

WHAT ARE WE GOING TO DO WITH ALL THIS NEW LAND?

AND, WAIT! THE INDIANS ARE STILL HERE AND SOME DON’T LIKE US VERY MUCH…..

TWO IDEAS:

❑ THE ORDINANCE OF 1784

❑ THOMAS JEFFERSON LED THE COMMITTEE

❑ LAID OUT BOUNDARIES FOR 10 NEW STATES

❑ OUTLAWED SLAVERY

❑ FORM GOVERNMENT IN THE TERRITORIES BY ADOPTING CONSTITUTION

OF AN EXISTING STATE.

❑ POPULATION= AN ORIGINAL COLONY, APPLY FOR STATEHOOD

❑ ABOLITION OF SLAVERY CLAUSE REMOVED

SO, WHAT DID THIS LOOK LIKE?

JEFFERSON’S IDEA OF EXPANSION TO THE MISSISSIPPI

❖ SYLVANIA❖ MICHIGANIA❖ CHERONESUS❖ ASSENISIPPIS❖ METROPOTAMIA❖ ILLINOIA❖ SARATOGA❖ WASHINGTON❖ POLYPOTAMIA❖ PELIPSIA❖ JEFFERSON❖ ADAMS❖ ALABAMA❖ EQUITASIA❖ MISSISSIPPI

WHY?????

No one seems to regret that

Thomas Jefferson’s plan for the

division of the Northwest

Territory into ten new states

was shelved.

The proposed names were just

too silly, writes 19th-century

Jefferson-biographer John T.

Morse, Jr.:

BUT IT POINTED TO

JEFFERSON’S ADMIRER’S

VIEW OF HIS

“PHILOSPHER” STATUS.

SO NOW WHAT HAPPENS?

CONGRESS REVIEWS JEFFERSON’S PLAN

❖ DELETED THE PROPOSAL ABOUT SLAVERY

❖ THREW OUT THE STATE NAMES (WHEW!!)

❖ ACCEPTED THE HEART OF THE PROPOSAL

INDIANS SEE THE WRITING ON THE WALL (REMEMBER THEIR DEAL WITH THE BRITISH IN 1763?)

➢ SIGN SECOND TREATY OF FORT STANWIX IN 1784

➢ IROQUOIS

➢ SURRENDERED CLAIMS

➢ WESTERN PENNSYLVANIA

➢ OHIO

➢ OTHER TRIBES CRITICAL OF TREATY

➢ SIGNED UNDER DURESS

➢ SIGNERS HAD NO AUTHORIZATION

➢ WARFARE IN REGION CONTINUED

➢ FINALLY RESOLVED DURING THE WAR OF 1812: INDIAN’S POWER BROKEN

WHAT WAS THE SECOND IDEA???

HAVE TO DO SOMETHING WITH THE NATIVE AMERICANS THAT HATED US!!!

THE THE SIX NATIONS OF THE IROQUOIS (INCLUDED OUR ALLIES: TUSCARORA AND ONEIDA)

SECOND TREATY OF FORT STANWIX 1784 (REMEMBER THE BATTLE OF ORISKANY?)

✓ IROQUOIS GVE UP CLAIMS TO THE OHIO VALLEY

✓ UNITED STATES WOULD THEN SELL FOR A PROFIT

✓ RELIEVE BURDEN OF DEBT

✓ SEVERAL TRIBES REJECTED BECAUSE THE IROQUOIS HAD NO AUTHORITY OVER THEM.

✓ ANGLO-AMERICANS BEGAN TO SETTLE IN THE AREA

✓ TENSIONS INCREASED

✓ FIGHTING BETWEEN ANGLO-AMERICANS AND NATIVE AMERICANS

✓ NATIVE AMERICANS LOST

HIDDEN REASONS FOR THE TREATY OF FORT STANWIX

MORE THAN JUST A LAND GRAB FOR THE FRONTIERSMEN

❑ PEACE WITH THOSE TRIBES THAT ALLIED WITH THE BRITISH

❑ GAIN RETURN OF ALL PRISONERS HELD

❑ SECURE LANDS FOR AMERICA’S INDIAN ALLIES

❑ TUSCARORA

❑ ONEIDA

❑ IN RETURN FOR THE LAND: PROVIDE THE 6 NATIONS SUPPLIES AND FOOD

❑ COUNTER THEIR POOR CONDITIONS

❑ DEMONSTRATE WHAT NICE GUYS THE AMERICANS REALLY WERE!

❑ SETTLERS WOULD BUY LAND

❑ JEFFERSON : A WAY TO RAISE MONEY FROM THE REGION TO FUND MILITARY PENSIONS

BUT THERE WERE SOME SUCCESSES OF THE ARTICLES OF CONFEDERATION

THE LAND ORDINACE OF 1785

THE NEW COUNTRY OF THE UNITED STATES SECURED LAND FROM GREAT BRITAIN

TO THE MISSISSIPPI RIVER

BIG QUESTION: WHAT ARE WE GOING TO DO WITH ALL THIS DIRT?➢ SURVEYORS SENT TO STAKE OUT THE LANDS

➢ SIX-MILE SQUARE PLOTS (TOWNSHIPS)

➢ 36 SECTIONS IN EACH TOWNSHIP: EACH ONE SQUARE MILE

➢ ACCURATE DIVISION SETTLED LAND DISPUTES

➢ BECAME THE NORTHWEST TERRITORY

➢ OHIO

➢ INDIANA

➢ MICHIGAN

➢ ILLINOIS

➢ WISCONSIN

➢ PART OF MINNESOTA

➢ SOLD THE LAND TO SETTLERS TO GET CASH FOR THE GOVERNMENT

➢ ENSURED CONTINUED CONTROL OF THE LAND BY AMERICA.

THE NORTHWEST ORDINANCE OF 1787

❖ LAID THE FOUNDATIONS FOR HOW THE LAND WOULD BE GOVERNED. THIS WAS A BIG DEAL

❑ AS THE TERRITORY GREW IN POPULATION, IT WOULD GAIN THE RIGHT TO SELF-GOVERNMENT

❑ WHEN REACHED 5000 FREE MALES IN AN AREA

❑ THOSE WITH AT LEAST 50 ACRES COULD ELECT AN ASSEMBLY

❑ WHEN REACHED 60,000 PEOPLE THEY COULD APPLY TO BE A NEW STATE.

❑ ESTABLISHED CONDITIONS FOR SETTLEMENT

❑ OUTLINED SETTLER’S RIGHTS

❑ OUTLAWED SLAVERY (SOUTHERN STATES DIDN’T LIKE THIS).

❑ RIVERS OPEN TO FREE NAVIGATION

❑ FREEDOM OF RELIGION

❑ RIGHT TO TRIAL BY JURY

***SET THE PATTERN FOR THE ORDERLY GROWTH OF THE COUNTRY***

SAME PATTERN FOLLOWED FOR FUTURE TERRITORIES (SO THAT’S WHY THEY ARE SQUARE

LOOKING!!)

SHAYS’S REBELLION

WHAT A MESS: THE CRISIS OF THE 1780’S

CENTERED IN MASSACHUSETTS: SUMMER 1786

❖ NEW FARMS STARTING UP IN THE WESTERN AREA

❖ FARMERS STRUGGLING

❖ HIGH DEBT

❖ BAD HARVESTS

❖ HIGH TAXES

❖ ECONOMIC DEPRESSION

❖ MASSACHUSETTS GOVERNMENT

❖ DID NOT PASS ANY LAWS TO HELP

❖ FORGIVE DEBT

❖ PRINT MONEY

❖ LOCAL SHERIFFS RESPOND TO THE IN-DEBT FARMERS

❖ SEIZE FARMS

❖ ARREST AND JAIL

❖ PEOPLE RESIST TAXES AND LOUSY GOVERNMENT

HOW THE REBELLION WAS BORN

NEW AREAS IN WESTERN AND CENTRAL MASSACHUSETTS OPEN FOR SETTLEMENT

➢ PEOPLE TRIED TO START NEW FARMS

➢ WENT INTO DEBT TO SET THEMSELVES UP.

➢ COULD NOT KEEP THEIR HEADS ABOVE WATER

➢ GOVERNMENT OF MASSACHUSETTS

➢ DIDN’T DO ANYTHING TO RELIEVE THE ECONOMIC PAIN SETTLERS WERE FACING

➢ THEY COULD HAVE:

➢ PASSED PRO-DEBTOR LAWS TO FORGIVE DEBT

➢ PRINT MORE MONEY

➢ INSTEAD: SENT THEIR SHERIFFS OUT

➢ SEIZE FARMS

➢ PUT FARMERS INTO PRISON (LIKE THE DEBTORS PRISONS IN ENGLAND)

➢ CAN’T PAY YOUR DEBT WHILE IN PRISON

(REMEMBER WHY GEORGIA WAS FOUNDED AS A COLONY???)

SITUATION EXPLODES!

ARMED REBELLION DEVELOPS IN THE POST-REVOLUTIONARY UNITED STATES

❑ FARMERS ORGANIZE

❑ CALLED SPECIAL MEETINGS

❑ PROTESTED

❑ SUBMITTED PETITIONS

❑ FINALLY! IN THE FALL OF 1786

❑ FORCE THE COURTS TO CLOSE DOWN

❑ LIBERATE ALL THE DEBTORS FROM PRISON

❑ DANIEL SHAYS TAKES THE LEAD

❑ FORMER CAPTAIN IN THE CONTINENTAL ARMY

❑ SHAYSITES

❑ TAKE OVER THE COURT IN NORTHAMPTON

❑ GOAL: PREVENT THE TRIAL AND IMPRISONMENT OF DEBT-RIDDEN CITIZENS

DANIEL SHAYS TAKE CHARGE

SHAYS: CAPTAIN IN REVOLUTIONARY WAR

❑ SUMMER-FALL 1786 “SHAYSITES”

❑ TRIED TO CAPTURE THE ARSENAL AT SPRINGFIELD

❑ HARASSED MERCHANTS, LAWYERS

❑ HARASSED SUPPORTERS OF MASSACHUSETTS GOVERNMENT

❑ CLOSED COURTS

❑ FREED DEBTORS

❑ FEBRUARY 1787

❑ GOVERNOR BOWDOIN ORGANIZES FORCE FUNDED BY MERCHANTS (GUYS THAT WILL

PROFIT)

❑ GENERAL BENJAMIN LINCOLN (CHARLESTON, SAVANNAH, AND YORKTOWN)

❑ CRUSHED REBELS IN SEVERAL ENGAGEMENTS

❑ SHAYS AND FOLLOWERS FLED

❑ RHODE ISLAND

❑ VERMONT

GOVERNMENT REACTS

GOVERNOR JAMES BOWDOIN

❖ ORGANIZED A MILITARY FORCE MADE UP FROM EASTERN MERCHANTS

❖ CRUSHED THE MOVEMENT IN THE WINTER OF 1786-87

BUT!!!

▪ THE REASONS FOR THE REBELLION REMAINED

▪ SIMILAR ACTIONS TOOK PLACE

▪ MAINE

▪ CONNECTICUT

▪ NEW YORK

▪ PENNSYLVANIA

▪ VOTERS KICKED BOWDOIN OUT OF OFFICE

▪ NATIONAL LEADERS HAD TO ACT TO STOP THESE UNLAWFUL ACTIONS

SAM ADAMS MASSACHUSETTS SENATE PRESIDENT

✓ WAS CO-FOUNDER OF THE SONS OF LIBERTY

✓ MAJOR FORCE IN DECLARING INDEPENDENCE FROM GREAT BRITAIN

✓ A TRUE “REVOLUTIONARY” FIGURE

NOW?

• WANTS THIS REBELLION ENDED

• PASSES THE RIOT ACT (NO MORE THAN 12 PEOPLE CAN ASSEMBLE AT

ONE PLACE).

• SUSPENDS THE WRIT OF HABEUS CORPUS (THROW PEOPLE IN JAIL

WITHOUT CHARGES).

• PASSES A MILITIA ACT

• ANYONE IN MILITIA THAT PROTESTS CAN BE EXECUTED

DEMONSTRATED HIGH LEVEL OF UNREST

UNREST CONTINUED ON A SMALLER SCALE➢ MAINE➢ CONNECTICUT➢ PENNSYLVANIA➢ NEW YORK➢ NEW HAMPSHIRE➢ SOUTH CAROLINA

ALARMED POLITICIANS ❑ RETURN TO RULE OF LAW❑ PROPONENTS OF CHANGE

❑ USED REBELLION TO JUSTIFY POSITION

❑ ARTICLES OF CONFEDERATION❑ REFORM❑ REVISE❑ REPLACE

DO

SOMETHING!!!!

CONSTITUTIONAL CONVENTION CALLED

TO FIX THE ARTICLES OF CONFEDERATION

GEORGE WASHINGTON OFFERS HIS OPINION

IN A LETTER TO GEN. KNOX

(THE HEAD OF ARTILLERY DURING THE WAR AND PART OF THE NEWBUGH CONSPIRACY)

OFFERING CONGRATULATIONS FOR PUTTING DOWN THE INSURRECTION

MOUNT VERNON, FEBRUARY 25, 1787

“SURELY SHAYS MUST BE EITHER A WEAK MAN, THE DUPE OF SOME CHARACTERS

WHO ARE YET BEHIND THE CURTAIN, OR HAS BEEN DECEIVED BY HIS FOLLOWERS. OR WHICH

MAY BE MORE LIKELY; HE DID NOT CONCEIVE THAT THERE WAS ENERGY ENOUGH IN THE GOVERNMENT

TO BRING MATTERS TO THE CRISIS TO WHICH THEY HAVE BEEN PUSHED. IT IS TO BE HOPED THE

GENERAL COURT OF THAT STATE CONCURRED IN THE REPORT OF THE COMMITTEE, THAT A REBELLION

DID ACTUALLY EXIST. THIS WOULD BE DECISIVE, AND THE MOST LIKELY MEANS OF PUTTING THE

FINISHING STROKE TO THE BUSINESS”

SEES IT AS THE FINAL NAIL IN THE COFFIN OF THE ARTICLES OF CONFEDERATION.

(re-cap until 3:30)

YOUR NEXT QUIZ ENDS HERE!

❖ EVERYTHING WE HAVE DONE UP TO THIS POINT

WILL BE THE SUBJECT OF YOUR NEXT QUIZ

❖ THE CONSTITUTION ITSELF WILL BE TREATED

SEPARATELY

❖ QUESTIONS?

❖ YES, I’LL MAKE A STUDY STACK, BUT…

❖ YOUR GAMES NEED TO REFLECT WHAT WE ARE

DOING.

STUDENT DEVELOPED CONSTITUTIONSLAST YEAR

TYPES OF GOVERNMENTS DEVELOPED

• MONARCHY

• OLIGARCHY

• DEMOCRACY

• REPUBLIC

• DICTATORSHIP

• ANARCHY

DURING PLANNING:

• HOW TO ORGANIZE SELVES

• MAKING LAWS (SPENT TOO MUCH EFFORT)

• ENFORCEMENT (ILLOGICAL)

DURING PROCESS:

• INTERACTION AMONG TEAM PLAYERS

• STRONG ARM

• COMPLIANCE

• PARTICIPATION

• ANSWERING THE QUESTION ASKED

PROBLEMS &

ISSUES

SO, WHAT’S THE BEST OPTION?LESSONS LEARNED

ASK THESE QUESTIONS:

❑WILL IT LAST?

❑IS IT LOGICAL?

❑IS IT FAIR?

❑CAN IT GROW WITH THE TIMES?

❑CAN THE PEOPLE LIVE WITH IT?

❑DOES IT DO EVERYTHING IT WAS DESIGNED TO DO?

❑WILL IT WORK ON THE INTERNATIONAL STAGE?

WHERE ARE WE GOING?

▪ Examine your home-grown Constitutions

▪ Discuss the problems doing it from scratch

▪ Look at the First Government of the United States▪ Objective

▪ Problems

▪ Issues

▪ Solutions

▪ End of the experiment

▪ Developing the Constitution

▪ Selling the Constitution to the people

NEXT UP:AFTER STUDENT CONSTITUTIONAL CONVENTIONS

THE DEVELOPMENT OF THE

U.S. CONSTITUTION

‘MERICA!!!!

THE DEVELOPMENT OF THE

U.S. CONSTITUTION

PURPOSE

EXAMINE THE PHILADELPHIA CONVENTION OF 1787

➢ WHY HAVE THIS MEETING?

➢FRAMERS

➢DECISIONS AT THE START

WHY HAVE IT AT ALL?

SEARCH FOR WAYS TO FIX THE ARTICLES OF CONFEDERATION

MAKE A PLAN

SUBMIT THE PLAN TO CONGRESS FOR APPROVAL

❖CONGRESS THINKS THESE GUYS ARE ADVISORS

❖ATTENDEES HAVE A DIFFERENT IDEA

KEY FRAMERS PRESENT

JAMES MADISON

❑ VIRGINIA

❑ “FATHER OF THE CONSTITUTION”

❑ CAME WITH A PLAN

❑ KEPT DETAILED NOTES OF PROCEEDINGS

GEORGE WASHINGTON

❑ VIRGINIA

❑ DIDN’T WANT TO ATTEND

❑ FEARED HIS ABSENCE WOULD SIGNAL LOST FAITH IN THE GOVERNMENT

BENJAMIN FRANKLIN

❑ PENNSYLVANIA

❑ OLD AND IN POOR HEALTH

❑ PRIMARY ROLE: ENCOURAGE EVERYONE TO COOPERATE

GOUVERNEUR MORRIS

❑ NEW YORK

❑ PREPARED FINAL DRAFT (GOOD SPEECHWRITER)

KEY PEOPLE MISSING

THOMAS JEFFERSON--- REPRESENTING THE US IN FRANCE

JOHN ADAMS---REPRESENTING THE US IN ENGLAND

PATRICK HENRY--- REFUSED “I SMELL A RAT”

❑ AGAINST THE IDEA OF A STRONG GOVERNMENT

❑WORKED HARD TO DEFEAT THE CONSTITUTION AFTER THE CONVENTION

RHODE ISLAND REFUSED TO SEND ANYONE!

❑ FIERCELY INDEPENDENT

❑ HOSTILE TO THE WHOLE IDEA

AND NOW….. THE CONSTITUTION AND AMENDMENTS… PRETTY SWEET STUFF

BASIC IDEAS TO INCLUDE IN THE CONSTITUTION

✓ NATIONAL GOVERNMENT SHOULD BE CONSTITUTIONAL

✓ LIMITED POWERS

✓ PURPOSE

✓ PROTECT FUNDAMENTAL RIGHTS

✓ PROMOTE COMMON GOOD

✓ STRONG NATIONAL GOVERNMENT TO PROTECT FUNDAMENTAL RIGHTS

✓ REPUBLICAN FORM OF GOVERNMENT

✓ ELECTED REPRESENTATIVES

✓ SERVE THE COMMON GOOD

✓ SYSTEM TO PREVENT ABUSE OF POWER

✓ SEPARATION OF POWERS

✓ CHECKS AND BALANCES

QUICK REVIEW: KEEP IT FOCUSED

➢ WHAT DID CONGRESS ASK THE DELEGATES TO DO? FIX THE ARTICLES OF CONFEDERATION

➢ DID THE DELEGATES DO WHAT THEY WERE ASKED? NO, THEY DESIGNED A NEW CONSTITUTION

➢ HOW WERE THE DELEGATES REPRESENTATIVE OF THE AMERICAN PEOPLE? LEADERS OF THEIR STATES,

YOUNGER

MEN

SOME RICH

SERVED IN THE REVOLUTION

MOST SERVED IN CONGRESS

➢ IN WHAT WAYS DID THE DELEGATES NOT REPRESENT AMERICANS? NO WOMEN

NO AFRICAN-AMERICANS

NO POOR

NO AMERICAN INDIANS

MORE REVIEW!

➢ WHAT RULES DID THEY MAKE AT THE CONVENTION?

➢ WRITE A NEW CONSTITUTION

➢ KEEP A RECORD BUT KEEP IT SECRET FOR 30 YEARS

➢ EACH STATE GOT ONE VOTE

➢ WHAT BASIC IDEAS DID THE FRAMERS AGREE SHOULD BE IN A NEW CONSTITUTION?

➢ CONSTITUTIONAL GOVERNMENT WITH LIMITED POWERS

➢ PROTECT FUNDAMENTAL RIGHTS

➢ STRONG NATIONAL GOVERNMENT FOR THAT PROTECTION

➢ REPUBLICAN FORM WITH ELECTED REPRESENTATIVES

➢ SEPARATION OF POWERS AND CHECKS AND BALANCES

UNDERSTAND THE KEY CONCEPTS

❑ WRIT OF HABEAS CORPUS

❑ ELECTORAL COLLEGE

❑ ENUMERATED POWERS

❑ GREAT COMPROMISE

❑ JURISDICTION

❑ 3/5 COMPROMISE

❑ SUPREMACY CLAUSE

❑ EX POST FACTO LAW

❑ SPENDING CLAUSE

❑ IMPEACHMENT

❑ NECESSARY AND PROPER CLAUSE

❑ PROPORTIONAL REPRESENTATION

❑ EQUAL REPRESENTATION

WRIT OF HABEAS CORPUS

“The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion

or Invasion the public Safety may require it.”

Imported into our Constitution from England

The writ of habeas corpus, or the "Great Writ,"

▪ is an order by a common-law court to require a person holding a prisoner to demonstrate

the legal and jurisdictional basis for continuing to hold the prisoner.

▪ If there is no legal basis for detention or incarceration, the court orders the release of the prisoner.

SIMPLE AS THAT: CAN’T BE KEPT IN PRISON JUST BECAUSE……

ELECTORAL COLLEGE

❑ PROCESS NOT A PLACE!

❑ ESTABLISHED IN THE CONSTITUTION

❑ COMPROMISE BETWEEN

❑ ELECTION BY CONGRESS

❑ POPULAR VOTE OF CITIZENS

❑ PROCESS

❑ SELECTION OF ELECTORS IN EACH STATE: 538 TOTAL

❑ 435 REPRESENTATIVES

❑ 100 SENATORS

❑ 3 FOR WASHINGTON D.C. (23d AMENDMENT)

❑ ELECTORS MEET TO VOTE (BASED ON POPULAR VOTE): 19 DEC 2016

❑ CONGRESS COUNTS THE VOTES

❑ 270 NEEDED TO BECOME PRESIDENT

❑ PRESIDENT OF THE SENATE ANNOUNCES THE WINNER: 6 JANUARY 2017

.

*****MAINE AND NEBRASKA

▪ Congressional District Method

▪ STATE DIVIDES INTO

DISTRICTS

▪ WINNER OF THE

DISTRICT GETS THE

VOTE

▪ WINNER OF THE STATE

▪ GETS REMAINING 2

VOTES

(SINCE IMPLEMENTED, NEITHER

STATE HAS EVER SPLIT THEIR

VOTE)

EXCEPTION TO THE RULE!!!

ENUMERATED POWERS

The enumerated powers are a list of items found in Article I, Section 8 of the U.S. Constitution

that set forth the authority of Congress. In summary, Congress may exercise the powers that

the Constitution grants it, subject to the individual rights listed in the Bill of Rights.

❑ Lay and collect taxes, duties, imposts and excises : TAX

❑ To pay the debts : PAY BILLS

❑ Provide for the common defense and general welfare of the United States: DEFEND THE COUNTRY

(all duties, imposts and excises shall be uniform throughout the United States)

❑ To borrow money on the credit of the United States: BORROW $$$$

❑ To regulate commerce with foreign nations, and among the several states, and with the Indian tribes: TRADE

❑ To establish a uniform rule of naturalization, and uniform laws on the subject of bankruptcies

throughout the United States FIGURE OUT WHO’S A CITIZEN, WHAT TO DO IF BUSINESS FAILS

❑ To coin money, regulate the value thereof, and of foreign coin, and fix the standard of weights and measures:$$

❑ To provide for the punishment of counterfeiting the securities and current coin of the United States:

PUNISH COUNTERFEITERS

CONTINUING ON NEXT PAGE!!!

ENUMERATED POWERS (CONT’D)

❑ To establish post offices and post roads: TAKE CARE OF THE MAIL❑ To promote the progress of science and useful arts: PROTECT SCIENCE AND THE ARTS❑ To constitute tribunals inferior to the Supreme Court: COURT OF JUSTICE BELOW SC❑ To define and punish piracies and felonies committed on the high seas, and offenses against the law of nations: PIRATES❑ To declare war, grant letters of marque and reprisal, and make rules concerning captures on land and water DECLARE WAR❑ To raise and support armies

❑ No appropriation of money to that use shall be for a longer term than two years** RAISE AN ARMY BUT WATCH IT❑ To provide and maintain a navy GOT TO PROTECT SHORES❑ To make rules for the government and regulation of the land and naval forces MILITARY LAWS❑ To provide for calling forth the militia to execute the laws of the union, suppress insurrections and repel invasions: KEEP SAFE❑ To provide for organizing, arming, and disciplining, the militia FIGURE OUT HOW MILITIA RUNS❑ To exercise exclusive legislation in all cases whatsoever, over WASHINGTON D.C.❑ To make all laws which shall be necessary and proper for carrying into execution the foregoing powers

and all other powers vested by this Constitution LAWS TO DO THE JOB

THE GREAT COMPROMISE

WHY DID WE NEED THIS?

❖ THE BIG STATES WANTED REPRESENTATION BASED ON POPULATION

(VIRGINIA PLAN: WRITTEN BY JAMES MADISON, PRESENTED BY GOV. RANDOLPH)

❑ THREE BRANCHES OF GOVERNMENT (CHECKS AND BALANCES TO PREVENT ABUSE OF POWER)

❑ PRESIDENT (CHOSEN BY LEGISLATURE)

❑ JUDICIAL (CHOSEN BY LEGISLATURE)

❑ LEGISLATURE

❑ TWO HOUSES (BICAMERAL)

❑ ONE HOUSE REPRESENTED BY PEOPLE OF THE STATE FOR 3 YEAR TERMS.

❑ ONE HOUSE OF OLDER MEN ELECTED BY STATE LEGISLATURES FOR 7 YEAR TERMS

❑ BOTH HOUSES USE POPULATION TO DIVIDE SEATS AMONG THE STATES.

❖ THE SMALL STATES WANTED EQUAL REPRESENTATION

(NEW JERSEY PLAN)

❑ ONE VOTE PER STATE

BASIC ISSUE: LITTLE STATES THOUGHT THEY WOULD BE OVERRULED BY BIG STATES

UNDER THE VIRGINIA PLAN

BIG STATES THOUGHT THOSE WITH MORE PEOPLE SHOULD HAVE MORE SAY

NEW JERSEY PLAN

PROPOSED BY WILLIAM PATTERSON AS A REBUTTAL TO THE VIRGINIA PLAN

➢ WANTED TO RE-SHAPE THE ARTICLES OF CONFEDERATION

➢ ONE HOUSE WITH ONE VOTE PER STATE

➢ EXECUTIVE SELECTED BY AND REMOVABLE BY THE LEGISLATURE

➢ THERE WAS ONE GOOD IDEA

➢ ANY LAWS PASSED BY THE LEGISLATURE AND ALL TREATIES TAKE PRECEDENCE

➢ STATE COURTS BOUND TO ENFORCE THE LAWS PASSED BY THE LEGISLATURE

REGARDLESS OF ANY STATE LAWS TO THE CONTRARY

SUPREME LAW OF THE LAND

WHAT TO DO?????

LARGE STATES (POPULATION) WANTED THE VIRGINIA PLAN

❑ VIRGINIA

❑ NEW YORK

❑ PENNSYLVANIA

❑ MASSACHUSETTS

❑ NORTH CAROLINA (SLAVES)

❑ SOUTH CAROLINA (SLAVES)

❑ GEORGIA (SLAVES)

SMALL STATES WANTED THE NEW JERSEY PLAN

❑ NEW JERSEY

❑ NEW HAMPSHIRE

❑ DELAWARE

❑ MARYLAND

❑ CONNECTICUT

DON’T FORGET

GREAT COMPROMISE

ALSO KNOWN AS THE CONNECTICUT COMPROMISE

❖The most famous compromise

❖A bicameral (two houses) Congress

❖House of Representatives

❖Representation based on population of the State

❖Senate

❖Two Representatives for each State.

JURISDICTION

The practical authority granted to a legal body to

administer justice within a defined area of responsibility

❑ JURISDICTION APPLIES TO AUTHORITIES AT:

❑ Local

❑ State

❑ Federal

3/5 COMPROMISE

FREE STATES DO NOT WANT SLAVES COUNTED AS CITIZENS

❑ WANT SLAVERY ABOLISHED ALL TOGETHER

❑ WANT SLAVES TO COUNT FOR TAXATION ONLY!

❑ SUCCESSFUL IN BANNING IMPORTATION OF SLAVES AFTER 20 YEARS

SLAVE STATES WANT SLAVES COUNTED AS PEOPLE

❑ MORE PEOPLE MORE REPRESENTATIVES

❑ MORE REPRESENTATIVES MEANS THEY CAN KEEP SLAVERY

➢ POSSIBLE OUTCOME: LOSE THE SOUTH AND END UP WITH TWO COUNTRIES

➢ HAVE TO PROTECT THE RIGHTS OF FREE BLACKS LIVING IN THE STATES BOTH NORTH AND SOUTH

SO, COMPROMISE TO SATISFY BOTH SIDES: 3/5 OF “ALL OTHER PERSONS” WITHOUT SPECIFYING RACE.

FEDERALIST #54: THE LAWS UNDER WHICH WE LIVE HAVE TRANSFORMED BLACKS INTO SLAVES AND IF

THE LAW RESTORES THEIR RIGHTS AS CITIZENS THEY COULD NO LONGER BE DENIED THEIR EQUAL

SHARE OF REPRESENTATION WITH FELLOW INHABITANTS------ JAMES MADISON

SUPREMACY CLAUSE

“This Constitution, . . .shall be the SUPREME LAW OF THE LAND; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

Article VI

➢ The core message of the Supremacy Clause is simple: the Constitution and federal laws

(of the types listed in the first part of the Clause) take priority over any conflicting rules of state law.

➢ This includes any Treaties made under the authority of the United States. If something in the

Constitution is contrary to a Treaty, the Treaty takes precedence! BUT…

➢ Subject to limits found elsewhere in the Constitution➢ Treaties can set rules of decision for American courts.➢ Includes federal statutes enacted by Congress (within their limits).

EX POST FACTO LAW

Law that retroactively alters a defendant's rights ESPECIALLY:

➢ By criminalizing and imposing punishment for an act that was not criminal or punishable

at the time it was committed

➢ By increasing the severity of a crime from its level at the time the crime was committed

➢ By increasing the punishment for a crime from the punishment imposed

at the time the crime was committed

➢ By taking away from the protections afforded the defendant by the law

as it existed when the act was committed

NOTE: Ex post facto laws are prohibited by Article I, Section 9 of the U.S. Constitution.

GENERAL WELFARE CLAUSE

Spending under the clause be for the "general" (that is, national) welfare and not for purely local or regional benefit.

“The Congress shall have Power To lay and collect Taxes, Duties,

Imposts and Excises, to pay the Debts and provide for the common

Defence and general Welfare of the United States....”

Article I, Section 8, Clause 1

COMMONLY KNOWN AS THE

“SPENDING CLAUSE”

SPENDING CLAUSE

SOURCE OF CONGRESSIONAL AUTHORITY

✓ LEVY (IMPOSE) TAXES

✓ PAY THE DEBTS OF THE UNITED STATES

✓ PROVIDE FOR COMMON DEFENSE AND GENERAL WELFARE***

BUT THEY’VE BEEN ARGUING ABOUT IT FOR 200+ YEARS

❑ SHOULD BE EXPANSIVE AS LONG AS EQUAL AMONG STATES (HAMILTON)

❑ NOT SUPPOSED TO BE LOCAL OR REGIONAL BENEFIT (MONROE)

❑ ONLY SPEND ON THINGS THAT ARE IN THE ENUMERATED POWERS (JEFFERSON AND MADISON)

***TODAY, CONGRESS THINKS THE “GENERAL WELFARE” MEANS

THEY CAN SPEND

ON ANYTHING THEY FEEL IS HELPFUL.

IMPEACHMENT

The House of Representatives...shall have the sole Power of Impeachment.

Article I, Section 2, Clause 5

❑ REMOVAL FROM OFFICE FOR WRONGDOING

❑ PRESIDENT

❑ VICE-PRESIDENT

❑ ALL CIVIL OFFICERS OF THE UNITED STATES

❑ JUDGES

❑ HOUSE OF REPRESENTATIVES VOTES FOR IMPEACHMENT

❑ TRIAL IS CONDUCTED BY THE SENATE

❑ VICE-PRESIDENT PRESIDES OVER ALL TRIALS BUT HIS OWN AND THE PRESIDENT

❑ CHIEF JUSTICE PRESIDES FOR PRESIDENT AND VICE-PRESIDENT

❑ HOUSE APPOINTS MEMBERS TO PROSECUTE

PART OF THE SYSTEM OF CHECKS AND BALANCES

NECESSARY AND PROPER CLAUSE

“The Congress shall have Power To ...make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

Article I, Section 8, Clause 18

It was written to serve two great purposes.➢ The first was to facilitate organization of the government

➢ Empowering Congress to organize the judicial branch (seeArticle I, Section 8, Clause 9).➢ Establish executive departments➢ Determine the size of the Supreme Court➢ Allocate power among Federal Courts.

➢ The second was to help effectuate the other enumerated powers of Congress.(more significant)➢ Enact laws that are appropriate➢ Enforcement clause for Amendments

➢ NOTE: CONGRESS CAN’T ENACT LAWS THEY SIMPLY THINK ARE “REASONABLE”

PROPORTIONAL REPRESENTATION

Representatives are apportioned in a manner roughly equal to population.

➢ Congressional districts are equal in population "as nearly as is practicable."

➢ The Constitutional Convention favored representation according to population.➢ Broken down over time into districts

➢ Selection by the people necessary ➢ Links citizens directly to the national government ➢ Prevents the states from overpowering the central authority.

Article I, Section 2, secured direct popular election of the House

.

EQUAL REPRESENTATION

ALL STATES HAVE AN EQUAL SAY IN THE SENATE

TO PREVENT LARGER STATES FROM FORCING POLICIES

ON THE SMALLER STATES

CONNECTICUT COMPROMISE

WORDS IN POLITICS WE SHOULD KNOW

IMPLEMENT BA SUBORDINATE FILLIBUSTER

REBUTTAL MA/MS APPORTION WHIP

- MAJORITY

RETROACTIVE JURISDICTION CONFIRMATION - MINORITY

PROSECUTOR PhD. ACCESSION SPEAKER

ENUMERATED VALIDITY COMMERCE ABSENTEE BALLOT

BI-CAMERAL/ UNICAMERAL FISCAL INFRASTRUCTURE CONSTITUENT

IMPLIED PARTISAN/ BI-PARTISAN APPROPRIATIONS

EQUITY INVESTMENT BANKER GOLDMAN SACHS

PUBLIC POLICY REVENUE GDP/ GNP

DODD-FRANK STRATEGIC CAUCUS

PUNDIT LOBBYIST PLATFORM

REFERENDUM PRIMARY INCUMBENT

THE MEAT ON THE CONSTITUTIONAL BONE

BASIC CONCEPT: THREE BRANCHES OF GOVERNMENT

PREAMBLE

SETS THE TONE FOR WHAT FOLLOWS

▪ “WE THE PEOPLE”

▪ FORM A UNION THAT IS MORE PERFECT THAN BEFORE

▪ PROVIDE FOR THE PEOPLE

▪ JUSTICE

▪ DOMESTIC TRANQUILITY

▪ COMMON DEFENSE

▪ GENERAL WELFARE

▪ SECURE LIBERTY FOR ALL FOREVER

▪ ESTABLISH THIS DOCUMENT AS LAW OF THE LAND

ARTICLE ILEGISLATIVE BRANCH

SECTION 1: CONGRESS MAKES THE LAWS THROUGH TWO HOUSES

➢ SENATE

➢ HOUSE OF REPRESENTATIVES

SECTION 2: HOUSE OF REPRESENTATIVES

▪ ESTABLISHES QUALIFICATIONS AND TERMS

▪ LENGTH OF OFFICE

▪ AGE

▪ RESIDENCE

▪ POPULATION REQUIREMENTS

▪ POWER OF IMPEACHMENT

▪ 3/5TH COMPROMISE

SECTION 3: SENATE

▪ TWO PER STATE

▪ 1/3 EVERY TWO YEARS

▪ AGE

▪ RESIDENCE

▪ TRIAL FOR IMPEACHMENTS

▪ VICE-PRESIDENT IS “PRESIDENT” OF THE SENATE

ARTICLE I (CONT’D)

SECTION 4: TIME AND PLACE OF ELECTIONS FOR BOTH HOUSES

SECTION 5: RULES FOR EACH HOUSE

❑ SET THEIR OWN RULES

❑ VERIFIES QUALIFICATIONS OF THOSE ELECTED

❑ DECIDES MEETING SIZE

❑ PUNISHMENT FOR WAYWARD MEMBERS

❑ KEEP RECORDS

❑ COORDINATE WITH EACH OTHER FOR RECESS

SECTION 6: COMPENSATION AND PROTECTION

▪ SALARY

▪ PROTECTED FROM ARREST WHILE WORKING

▪ GOING TO CONGRESS

▪ LEAVING TO GO HOME

▪ ONLY JOB YOU HAVE

ARTICLE I (CONT’D)

SECTION 7: REVENUE GENERATION

❑ STARTS IN HOUSE

❑ SENATE CAN AMEND

❑ BILLS GO TO THE PRESIDENT TO BE ENACTED

❑ SIGN

❑ VETO WITH OBJECTIONS NOTED

❑ 2/3 VOTE BY BOTH HOUSES TO OVERRIDE VETO

❑ 10 DAY RULE

❑ PRESIDENT LETS IT SIT ON HIS DESK IT BECOMES LAW

❑ IF CONGRESS ADJOURNS BEFORE THE 10 DAYS, NOT LAW

❑ ALL LAWS GO TO PRESIDENT

❑ PRESIDENT DOES NOT DECIDE ADJOURNMENT

SECTION 8: THE POWERS OF THE CONGRESS

❑ ENUMERATED POWERS (SPECIFIC)

❑ OVERSIGHT OF WASHINGTON D.C.

❑ IMPLIED POWERS

SECTION 9: WHAT THE CONGRESS CAN NOT DO

SECTION 10: WHAT STATES CAN NOT DO

ARTICLE IIEXECUTIVE BRANCH

SECTION I:

❑ PRESIDENT

❑ TERM

❑ HOW ELECTED

❑ ELECTORAL COLLEGE

❑ QUALIFICATIONS

❑ RESIDENCE

❑ AGE

❑ CITIZENSHIP

❑ COMPENSATION

❑ THE OATH HE/SHE TAKES

SECTION 2:

❑ COMMANDER-IN-CHIEF OF ARMED FORCES

❑ POWER TO GRANT PARDONS AND REPRIEVES

❑ POWER TO MAKE TREATIES (WITH ADVICE AND CONSENT OF SENATE)

❑ APPOINTS AMBASSADORS, JUDGES, ALL OTHERS NOT OTHERWISE PRESCRIBED

❑ FILL VACANCIES DURING CONGRESSIONAL RECESS

SECTION 3:

❑ ADDRESS THE STATE OF THE UNION

❑ CALL INTO SESSION OR ADJOURN

❑ ENFORCES THE LAW

❑ MEETS WITH FOREIGN REPRESENTATIVES

SECTION 4: IMPEACHMENT PROCEEDING

ARTICLE IIIJUDICIAL BRANCH

SECTION 1:

❑ ESTABLISHES THE SUPREME COURT

❑ OTHER COURTS THE CONGRESS THINKS IS NECESSARY

❑ TERM OF OFFICE: LIFE

❑ COMPENSATION

SECTION 2:

❑ SCOPE

❑ LAWS OF UNITED STATES

❑ TREATIES

❑ ALL CONTROVERSIES THE UNITED STATES MAY BE INVOLVED IN.

❑ RULE OVER AMBASSADORS, MINISTERS, AND CONSULS

❑ TRIAL BY JURY EXCEPT IMPEACHMENT

SECTION 3:

❑ RULES FOR TREASON

❑ TREASON DOES NOT EXTEND TO FUTURE GENERATIONS

SYSTEM OF CHECKS AND BALANCES MAKES IT ALL WORK

ANOTHER WAY TO LOOK AT IT (OR THREE)!

ARTICLE IVSTATES, CITIZENSHIP, NEW STATES

SECTION 1:

❑ FULL FAITH AND CREDIT BETWEEN STATES

❑ PUBLIC ACTS

❑ RECORDS

❑ JUDICIAL PROCEEDINGS

SECTION 2:

❑ CITIZENSHIP BENEFITS ACROSS STATE LINES

❑ EXTRADITION FOR CRIMES

SECTION 3:

❑ NEW STATES

❑ TERRITORIAL LIMITS (CAN NOT FORM FROM EXISTING STATE WITHOUT CONSENT)

❑ CONGRESS MAKES RULES FOR TERRITORY THEY OWN

SECTION 4:

❑ GUARANTEE REPUBLICAN FORM OF GOVERNMENT

❑ PROTECT STATE FROM FOREIGN AND DOMESTIC THREATS

ARTICLE VAMENDMENT PROCESS

❑ 2/3 OF BOTH HOUSES MUST PROPOSE ANY NEW AMENDMENTS

OR

❑ APPLICATION OF 2/3 OF THE STATE LEGISLATURES CALL A CONVENTION TO PROPOSE AMENDMENTS

❑ IN EITHER CASE THEN ¾ OF STATES OR ¾ IN STATE CONVENTIONS NEEDED FOR IT TO BE APPROVED

❑ (NO AMENDMENTS PRIOR TO 1808)

❑ REGARDING 1ST AND 4TH CLAUSES OF SECTION 9, ARTICLE I.

❑ SLAVERY

❑ TAXATION BASED ON CENSUS

❑ NO STATE CAN BE DENIED THE RIGHT TO VOTE ON AN AMENDMENT

ARTICLE VIDEBTS, SUPREMACY, OATHS, RELIGIOUS

TESTS

❑ ALL DEBTS ACCRUED BEFORE THE CONSTITUTION ARE VALID

❑ CONSTITUTION AND TREATIES ARE THE SUPREME LAW OF THE LAND

❑ JUDGES IN EACH STATE MUST COMPLY

❑ OVERRULES STATE LAW

❑ ALL MEMBERS OF STATE AND FEDERAL OFFICES ARE BOUND

TO SUPPORT THE CONSTITUTION BY OATH OR AFFIRMATION

❑ NO RELIGIOUS TEST EVER REQUIRED

ARTICLE VIIRATIFICATION

ONCE NINE STATES RATIFY THIS CONSTITUTION IT

GOES INTO EFFECT

THAT’S ALL THERE IS TO IT

WAS SIND IHRE FRAGEN

(WHAT ARE YOUR QUESTIONS)

AND NOW, THE AMENDMENTS

THE FIRST TEN ARE KNOWN COLLECTIVELY

AS THE BILL OF RIGHTS

https://youtu.be/yYEfLm5dLMQ